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(영문) 대전지방법원 논산지원 2016.11.04 2015고단672
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On June 13, 2010, the Defendant: (a) requested a bank account in the name of C to purchase psychotropic drugs from B on June 12, 2010; (b) remitted KRW 1 million to the bank account in the name of C; (c) around June 13, 2010, around 02:10, the Defendant received a one-time injection from B in the name of E in the name of Songpa-gu Seoul, with approximately 0.3g of 0.3g of philopon; and (d) purchased a philopon after receiving a return of KRW 100,000 from B.

2. On June 13, 2010, at around 07:00, the Defendant administered 0.08 g of opononon in a scopon, which was held by the mutual scopon telecom in Songpa-gu Seoul Metropolitan Government D, in a way of dilution with dilution to a coffee, and around 0.08 g of oponon on June 14, 2010, the Defendant administered 0.07 g of oponononon by dilution with opononon in a coffee at the same place as at around 16:00.

3. On July 14, 2015, the Defendant administered approximately 0.05 g of philophones by dilution with philophones possessed at the Defendant’s home located in Eth-si, Seosan on July 14, 2015.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's statement concerning B;

1. Written request for appraisal of narcotics;

1. Application of Acts and subordinate statutes to a report on investigation (calculated additional charges for purchase of suspect phiphonephones and medication);

1. Article 60 (1) 2 of the Act on the Control of Narcotics, Etc. and Article 4 (1) 1 of the same Act and subparagraph 3 (b) of Article 2 of the same Article (Selection of Imprisonment) of the Act on the Control of Narcotics, Etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Class 3 (b) and (c) of the Act on the Control of Narcotics, etc.) of the Act on the Control of Narcotics, Etc.: Medication, simple possession, etc. for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics;

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